LegalizeThe Merchant Shipping Act 1988 (Commencement No. 1) Order 1988
Made: 6th June 1988
The Secretary of State of Transport, in exercise of powers conferred on him by section 58(2) of the Merchant Shipping Act 1988[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:—
1
This Order may be cited as the Merchant Shipping Act 1988 (Commencement No. 1) Order 1988.
2
The provisions of the Merchant Shipping Act 1988 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 4th July 1988.
SCHEDULE — PROVISIONS COMING INTO FORCE ON 4TH JULY1988
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 11 | Categorisation of dependent territory registries |
| Section 26 | Assistance for training |
| Section 27 | Assistance for crew relief costs |
| Sections 28 and 29 | Merchant Navy Reserve |
| Section 30 | Owner and master liable in respect of dangerously unsafe ship |
| Section 31 | Owner liable for unsafe operation of ships |
| Section 32 | Conduct endangering ship, structures or individuals |
| Section 33 | Marine Accident Investigation Branch |
| Section 35 | Ship to ship transfers |
| Section 36 | Amendments of Coast Protection Act 1949[^f00002] relating to safety of navigation |
| Section 37 | Licensing of tidal works by harbour authorities |
| Section 38 | Powers to take retaliatory action |
| Sections 39 and 40 | Restrictions on access to UK cabotage |
| Sections 41 to 43 | Financing and administration of lighthouse service |
| Sections 44 and 45 | Inquiries |
| Section 46 | Payment of seamen’s wages |
| Section 47 | Application of Merchant Shipping Acts to ships chartered by the Crown |
| Section 48 so far as it relates to the provisions of Schedule 5 set out below in this Schedule | Miscellaneous amendments of the Merchant Shipping Acts |
| Section 49 | Application to hovercraft |
| Section 50 | Application to unregistered ships |
| Section 51 | Offences by bodies corporate |
| Section 53 | Regulations |
| Section 55 | Financial provisions |
| Section 56 | Extension of Act to overseas territories |
| In section 57, subsections (1), (2) (3) and (4) so far as it relates to the provisions of Schedule 6 set out below in this Schedule and subsection (5) so far as it relates to the provisions of Schedule 7 set out below in this Schedule | Interpretation, minor and consquential amendments and repeals |
| In sections 58 subsections (1), (2), (3) and (5) and subsection (4) so far as it relates to the provisions of Schedule 8 set out below in this Schedule | Citation, commencement, transitional provisions and extent |
| Schedule 5 except for: paragraph 4 of the entry for Merchant Shipping Act 1894 (amendment to s.634(1)(a)) entry for Merchant Shipping Act 1906 (omission of s.52) paragraph 7 of the entry for the Merchant Shipping Act 1970 (omission of section 89). | Miscellaneous amendments to the Merchant Shipping Acts |
| In Schedule 6:— | Minor and consequential amendments to or in respect of: |
| Paragraph 1 of the entry for the Merchant Shipping Act 1894 | Power to detain unsafe ships |
| Paragraph 2 of the entry for the Merchant Shipping Act 1894 | Application to foreign ships of provisions as to detention |
| Paragraph 3 of the entry for the Merchant Shipping Act 1894 | Enforcing detention of ship |
| The entry for the Merchant Shipping (Amendment) Act 1920[^f00003] | Amendment of section 659 of the 1894 Act |
| The entry for the Merchant Shipping Act 1965[^f00004] | Tonnage regulations |
| Paragraph 1 of the entry for the Merchant Shipping Act 1970 | Defence of drug taken for medical purposes |
| Paragraph 2 of the entry for the Merchant Shipping Act 1970 | Formal investigation into shipping casualty |
| Paragraph 3 of the entry for the Merchant Shipping Act 1970 | Rules as to inquiries etc. |
| Paragraph 4 of the entry for the Merchant Shipping Act 1970 | Application of sections 62 to 66 to Masters |
| Sub-paragraph (a) of paragraph 5 of the entry for the Merchant Shipping Act 1970 | Section 95 (fishing vessels) |
| Paragraph 1 of the entry for the Merchant Shipping Act 1979 | Prevention of pollution from ships etc |
| Paragraph 2 of the entry for the Merchant Shipping Act 1979 | Supplementary provisions about inspectors |
| Paragraph 3 of the entry for the Merchant Shipping Act 1979 | Power to extend Act to certain countries, etc |
| Paragraph 4 of the entry for the Merchant Shipping Act 1979 | Miscellaneous penalties on summary conviction |
| The entry for the Supreme Court Act 1981[^f00005] | Admiralty jurisdiction of High Court |
| Paragraph 2 of the entry for the Merchant Shipping Act 1983 | Small ships: amendments of Merchant Shipping Acts |
| The entry for the Merchant Shipping Act 1984[^f00006] | Statutory provisions which are relevant for the purpose of serving notices in connection with safety and other matters |
| Schedule 7, so far as it relates to the repeals set out in the Appendix to this Schedule | Enactments repealed |
| In Schedule 8, paragraphs 1 and 3 | Transitional provisions and savings |
Signed
Signed by authority of the Secretary of State
David B. Mitchell — Minister of State, — Department of Transport — 6th June 1988
Explanatory note
(This note is not part of the Order)
This Order brings into force on 4th July 1988 the provisions of the Merchant Shipping Act 1988 specified in the Schedule to the Order, and also effects the repeals set out in the Appendix to the Schedule.
In general the whole Act, which made a variety of amendments to the Merchant Shipping Acts, is brought into force, except Part I (Registration of British ships) (other than section 11, Regulation of registration in overseas territories by reference to categories of registries) and Part II (Registration of British Fishing Vessels), and the provisions consequential on those Parts, and except also a few other minor amendments.
Footnotes
[^f00001]: 1988 c. 12.
[^f00002]: 1949 c. 74.
[^f00003]: 1920 c. 2.
[^f00004]: 1965 c. 47.
[^f00005]: 1981 c. 54.
[^f00006]: 1984 c. 5.
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